JUDGE UPHOLDS VERDICT FOR MAN STRUCK BY TREE

San Diego 
A Superior Court judge upheld Friday a $7.6 million jury verdict against the city of San Diego for not taking care of a soaring palm tree on public land that toppled over in a storm in 2010, striking a Mission Hills man and paralyzing him.

San Diego Judge Ronald Styn rejected the city’s bid for a new trial and its effort to set aside the verdict. The city can now try to appeal the verdict. The City Attorney’s Office did not respond to a request for comment on the judge’s rulings.

The lawsuit was filed by Michael Burke, a Mission Hills lawyer and resident, and his wife, Edith. Burke was paralyzed on Jan. 21, 2010, when a giant, 60-foot-tall queen palm tree fell over on Lark Street in Mission Hills, crushing his legs.

His lawyers, Browne Green and Daniel Balaban, argued the city was at fault for maintaining a dangerous condition on public property.

The lawsuit contended the city’s decision in 2007 to slash funding for tree maintenance and inspection because of budget constraints contributed to the accident.

They said the tree had not been inspected for several years and showed signs of being diseased and dying. The tree that struck Burke was the second to fall that morning. Hours earlier another tree toppled over, crushing his car.

The city’s arborist went to the street when the first tree fell, but the road was not blocked off or secured. Burke was struck when he was getting materials out of his car.

Styn ruled Friday that the evidence showed the city had enough notice to have taken measures to block off the area.

He said there was “substantial evidence” to support the jury’s verdict.